Thursday, November 7, 2013

Personal Privacy in the Insurance Sector

James E. Gilbert
UMUC
April 11, 2013

Introduction
Privacy, particularly as it pertains to the digital realm, is an essential issue for many Americans.  As individuals use the Internet for an increasing amount of daily activities, safeguarding personal data remains an important component for both consumers and companies.  In an early study, the Markle Foundation found that online privacy was one of the most critical aspects among Internet users, with concern over identity theft limiting some online transactions (Friedman, 2001).  This apprehension persists in the modern era with online privacy legislation debated in the U.S. legislature on a seemingly annual basis.  Among the concerns of Internet users, there are few aspects where privacy is more critical than matters of financial importance.  With more individuals conducting their financial transactions online, the United States government along with the banking sector sought a way to bolster consumer confidence.  Their solution was the Financial Services Modernization Act of 1999, more commonly known as the Gramm-Leach-Bliley (GLB) Act of 1999.  Although the purpose of the GLB Act was to deregulate the financial industry, it also implemented a set of privacy standards pertaining to companies in the banking and insurance sectors.  The following paper assesses the key areas of the GLB Act as it applies to the life insurance market.  Specifically, the privacy policies of three insurance companies (Farmers Insurance Group, Monumental Life Insurance, and Metropolitan Life Insurance) are examined to identify similarities and differences among the companies as well as to provide the basis for recommendations for improvement.

Organizations and Missions
The primary goal of the GLB Act was to lower regulations enacted by the Bank Holding Company Act of 1956 and the Banking Act of 1933.  Legislators envisioned that the act would facilitate a stronger financial sector by allowing companies to diversify across industries.  In effect, the GLB Act encouraged banks, securities firms, and insurance companies to expand into each other’s sectors.  The legislation also facilitated mergers between companies within the different areas of the financial services sector (Neale, Drake, & Clark, 2010).  The GLB Act helped shaped some of most recognizable insurance companies in the modern era.

Farmers Insurance Group
Formed in 1928 in California as the Farmers Automobile Inter-Insurance Exchange, modern day Farmers is one of America’s largest insurers.  Started with a handful of employees by entrepreneurs, John C. Tyler and Thomas E. Leavey, the company now boasts 74,000 career and independent agents.  Farmers insures over 10 million households representing 20 million individual policies, with customers in all 50 states (About Farmers, 2013).  Although the company primarily insures homes, automobiles, and small businesses, they also offer a variety of other insurance and financial services products. Farmers and its subsidiaries are wholly owned by the Zurich Insurance Group Ltd (Farmers Insurance, 2013).

Monumental Life Insurance
Although the modern day company has gone through a number of transformations, Monumental Life Insurance can trace its origins back to 1858 when it became Maryland’s first life insurance company (Monumental, 2010).  According to Hoovers (2013), the company offers life insurance, long term care, accident and health insurance, and retirement products through a blended workforce of career employees and independent agents.  In 1986, Monumental was acquired by the Dutch insurance company, Aegon.  In 2011, Aegon USA announced that its subsidiaries would conduct all transactions solely under the umbrella name, Transamerica (Monumental, 2010).  Transamerica primarily offers life insurance, retirement and investment products.  The company has over 14 million customers throughout the United States and is licensed in every state except New York and DC (Transamerica, 2013).

Metropolitan Life Insurance
Founded in 1868, the Metropolitan Life Insurance Company is a subsidiary of MetLife, Inc.  Headquartered in New York, the company became a global insurer after their 2010 acquisition of the American Life Insurance Company from the American International Group, Inc. (AIG) (Bloomberg BusinessWeek, 2013).  This purchase added to Metropolitan’s customer base giving the firm 90 million customers in over 50 countries (MetLife, 2013).  Metropolitan Life Insurance Company offers individual home, life and accident insurance, retail banking, and various financial and retirement services.  The company also sells retirement and financial services to institutions and corporations.  Metropolitan markets its products directly through agents as well as through third-party banks and brokers (Bloomberg BusinessWeek, 2013).

Privacy Policies
The United States government has a long history of legislative efforts regarding the defense of personal privacy.  One of the key components of this focus has been the protection of personally identifiable information (Hermalin & Katz, 2006).  From the Fair Credit Reporting Act and the Privacy Act in the 1970’s to more current legislation, the importance of this debate persists as increasing amounts of personal data are moved into the digital realm.  Safeguarding this information and reassuring consumers remains an important matter for both public and private organizations.  In the American economy, there are few areas where protection of this information is more critical than the financial sector.  Although the final version of the GLB Act outlines privacy rules that financial institutions must abide by, the original draft of the bill made no mention of this topic.  It was not until the bill was presented to the House Commerce Committee that the issue of privacy in the financial sector became such a politically active issue that this subject was added to the final legislation (Friedman, 2001). 

Title V of the GLB Act specifically addresses the privacy protections afforded to consumers regarding their financial information.  This provision pertains to “non-public personally identifiable financial information” to include data provided by the consumer as well as information collected or obtained by the institution (Friedman, 2001, p. 3).  Persons conducting business with a financial company must receive notice of their privacy rights with special considerations provided based on the relationship an individual has with an institution. For instance, in the GLB Act a “customer” is defined as someone with a continuing relationship with a company while a “consumer” has obtained a financial product but is considered a short-term client.  This distinction is important because “customers” receive privacy notices annually while “consumers” only receive them if their information is shared with a non-affiliated firm.  In either case, notices “…must be a clear, conspicuous, and accurate statement of the company’s privacy practices; it should include what information the company collects about its consumers and customers, with whom it shares the information, and how it protects or safeguards the information” (FTC, 2002, p. 2).  Lastly, a company’s privacy policy should also afford individuals with a method to “opt-out” of having their personal information shared with unaffiliated third parties.  This section must explain that consumers have the right to limit the disclosure of their data and provide reasonable means to remove their names from this process (FTC, 2002).  Although the GLB Act mandates certain legally enforceable guidelines, not all privacy policies are created equal with a number of similarities and differences existing among firms.

Similarities
Since the GLB Act was passed in 1999, financial companies have had over ten years to implement the legislation. Of the companies assessed (Farmers, Monumental and Metropolitan), all three had identifiable privacy policies conspicuously displayed on their corporate websites.  The firms clearly outlined the purpose of their policies and who the notices pertained to.  All three companies clearly detailed what types of information was collected and who it was disclosed to.  Each company mentioned in varying degrees of detail how electronic information such as cookies and IP addresses were also collected.  Finally, all three companies listed some level of detail pertaining to the safeguards their firms had in place to protect consumer privacy.

Differences
Two years after the GLB Act was passed, the Center for Democracy and Technology (CDT) conducted a survey of 100 financial institutions to determine their level of policy implementation completed.  The Center found a widely varying array of legislative application on the part of institutions (Friedman, 2001).  The majority of the differences stemmed from digital services, a discrepancy that could be explained by the relative newness of online financial transactions.  Since then, the Internet and information technology has evolved considerably; although discrepancies among corporate policies is still evident.

Although Farmers, Monumental and Metropolitan each had a section in their privacy policy regarding digital safeguards, the level of detail provided differed among firms.  The Metropolitan policy only discussed defenses in generalized terms, while Farmers went the additional step to mention their company uses 2048-bit encryption (Farmers Privacy Policy, 2011).  Monumental had the most comprehensive security section which discussed areas such as access controls and electronic transactions.  Another area that differed among the companies surveyed had to do with the “opt-out” clause.  In addition, only two of the insurance companies assessed (Farmers and Metropolitan) had conspicuously displayed this section in their privacy notices.  No such “opt-out” clause was evident in Monumental’s privacy policy (Monumental Privacy Statement, 2012).

Recommendations
Since the GLB Act was ratified in 1999, developments in the field of consumer privacy have revolved around “…maintaining a healthy balance between the need for free and open information sharing and the importance of protecting customers’ privacy rights domestically and abroad” (Roach & Schuerman, 2005, p. 439).  Although many corporations worry about the government’s role in this arena, Hermalin and Katz (2006) found that privacy policies can be improved to better protect consumer’s rights as well as become more efficient and flexible for corporations.  For this bill to remain relevant in the modern era, supporters of online privacy believe updated legislation is required.

Farmers Insurance Group
According to the FTC, an individual’s right to prohibit having their information shared with other companies must be offered in a reasonable manner.  Examples of this can consist of opting out via a toll-free number or online form.  A case of an unreasonable method would be to require the customer or consumer to write a letter to the firm (FTC, 2002).  Although the Farmers’ privacy notice includes a toll-free number to call, doing so then initiates a separate form mailed to the requestor.  In the modern era, the argument could be made that not being able to complete this activity completely over the phone or even having an online option could constitute an unreasonable method.  A 2004 study conducted by six federal agencies surveyed 110 financial institutions about various implementation aspects of the GLB Act.  One of the topics these agencies researched was the effectiveness of “opt-out” procedures among the companies.  What they determined was that a more efficient system was needed.  One of the proposed solutions included a default “opt-out” policy for all consumers with a centralized repository similar to the National Do Not Call Registry (SEC, 2009).  This would provide consumers with increased control over their privacy rights, while streamlining the process for institutions.

Of the three companies examined, Farmers provided an average level of detail regarding their firm’s cybersecurity.  Although the GLB Act does not dictate the amount of information a financial firm must provide, offering more data could help alleviate individual’s concerns as well as allow them to make more informed decisions regarding which financial firm to choose.  Full disclosure in this area however must be balanced with the firm’s need for digital security.  Too much information disclosed could provide hackers with enough information to facilitate attacks against the company’s digital infrastructure.

Monumental Life Insurance
Although Monumental provided the most detail regarding their security practices, this was the only area sufficiently developed.  In addition to not having a conspicuous opt-out procedure, Monumental also had the shortest privacy notice.  Although the GLB Act does not advocate a specific format, this area has long been a source of contention between the financial industry and government regulators, with companies allowed to develop their own policies.  As late as 2009, federal agencies observed an assortment of privacy notices varying in the amount of information delivered to consumers.  Some institutions have argued that having excessively lengthy notices may confuse clients and actually run contrary to the GLB Act’s “clear and conspicuous” requirement (SEC, 2009).  The solution to this dilemma may lie somewhere in the middle.  Institutions should be provided with a general framework for their firm’s privacy notices, but be allowed to modify the policy as necessary.  This would give companies both guidance and flexibility, which could provide customers with clearer privacy notices and allow companies to better adhere to federal regulations.

Metropolitan Life Insurance
While Metropolitan provided the least amount of information about their security procedures, the company provided an excessive amount of detail regarding their policy on information sharing.  This portion of Metropolitan’s notice goes so far as to say that “even if you opt-out, however, any MetLife company fortunate enough to have you as a customer may continue to send you information about products and services offered by any of our affiliated or unaffiliated companies” (MetLife Privacy Policy, 2009).  While this may not strictly violate privacy rights covered under the GLB Act, in effect this statement amounts to MetLife’s ability to send their customers endless amounts of spam correspondence. This raises a question first discussed in 2001, of the glaring exceptions to information sharing within the GLB Act.  Proponents of consumer privacy feel portions of the act goes too far, with the CDT arguing that consumers should also be provided the ability to opt-out of public information sharing for marketing purposes.  This recommendation would provide consumers with a greater control over their personal privacy.

Conclusion
Privacy is a core tenet of the Gramm-Leach-Bliley Act, having increased consumer awareness in the financial services sector (FTC, 2002).   Although this act is important legislation, compliance does not always equate to adequate customer protection however.  Almost 15 years after being enacted, there still exists a wide array of privacy notices among companies.  Accordingly, a number of individual states have begun to view the legislation as ineffective and have passed their own versions of the law.  Often times, the outcome of this results in more stringent and state-specific requirements that companies must follow. As a result, adhering to the spirit of the GLB Act could prove advantageous for the financial industry as a whole.  Ensuring privacy notices are clearly and accurately written protects institutions from potential liability issues.  Although a standardized format for this notice may be too simplistic for some firms, a list of best practices could provide adequate guidance to allow for both consumer protection and organizational flexibility.

References
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Bloomberg Business Week. (2013). Company overview of Metropolitan Life Insurance

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Transamerica. (2013). About us. Retrieved from http://www.transamerica.com/about_us/





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